United States Code (Last Updated: May 24, 2014) |
Title 33. NAVIGATION AND NAVIGABLE WATERS |
Chapter 9. PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY |
SubChapter I. IN GENERAL |
§ 426e. Federal aid in protection of shores
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(a) Declaration of policy With the purpose of preventing damage to the shores and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.
(b) Federal contribution; maximum amount; exceptions The Federal contribution in the case of any project referred to in subsection (a) of this section shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary of this title, unless the plan therefor has been approved by the Chief of Engineers.
(2) Studies (A) In general The Secretary shall— (i) recommend to Congress studies concerning shore protection projects that meet the criteria established under sections 426e to 426h–1 of this title (including subparagraph (B)(iii)) and other applicable law; (ii) conduct such studies as Congress requires under applicable laws; and (iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (B) Recommendations for shore protection projects (i) In general The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A).
(ii) Considerations In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project.
(C) Coordination of projects In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall— (i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and (ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. (3) Shore protection projects (A) In general The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress.
(B) Agreements (i) Requirement After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element.
(ii) Terms The agreement shall— (I) specify the life of the project; and (II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element. (C) Coordination of projects In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C).
References In Text
Section 426h of this title, referred to in subsec. (e)(1), was repealed by Pub. L. 110–114, title II, § 2038(b),
Codification
Coastal Engineering Research Center, referred to in subsec. (e), has been substituted for Beach Erosion Board pursuant to Pub. L. 88–172, § 1, providing in part for the abolition of the Beach Erosion Board and for transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center. See section 426–1 of this title.
Amendments
1996—Subsec. (a). Pub. L. 104–303, § 227(a), inserted “and beaches” after “damage to the shores” and substituted “sections 426e to 426h–1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.” for “the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions.”
Subsec. (b)(3). Pub. L. 104–303, § 227(e)(2), substituted “Secretary” for “Secretary of the Army, acting through the Chief of Engineers,” and struck out second period at end.
Subsec. (e). Pub. L. 104–303, § 227(b), (e)(2)(B), inserted subsec. heading, designated existing provisions as par. (1) and inserted heading, realigned margin, inserted “or 426h” after “under section 426g”, and added pars. (2) and (3).
1970—Subsec. (b). Pub. L. 91–611 provided for designation of existing provisions as cls. (1) and (2) by insertion of “(1)” after “except that” and substitution of “(2)” for “and, further, that” and added cl. (3).
1962—Subsec. (b). Pub. L. 87–874, § 103(a)(1), (2), increased maximum limit on amount of Federal contributions from one-third to one-half of project cost, provided that costs for restoration and protection of Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection of State, county and other publicly owned shore parks and conservation areas may be borne by Federal Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation and development of natural resources, extend landward enough to include natural features to protect uplands, and provide essentially full park facilities for public use, all of which meet with approval of Chief of Engineers.
Subsec. (e). Pub. L. 87–874, § 103(a)(3), required approval of plans by Chief of Engineers in case of a small project under section 426g of this title.
1956—Act
Miscellaneous
Pub. L. 106–541, title II, § 220,
Pub. L. 106–53, title II, § 213,
Pub. L. 106–53, title II, § 215(c),
Pub. L. 101–640, title III, § 309,